If the notice period is amended, then which will prevail ?
29-Oct-2023 (In Labour & Service Law)
Hi, I am working in IT sector. I joined my company in Jan 2014. In my appointment letter its says It is understood and agreed that this appointment, after confirmation, may be terminated by either party by giving to the other at any time, notice in writing of one month. The termination shall take effect at the end of such notice period. Other Terms and Conditions During your employment, you will be subject to the service rules, regulations and policy of the company applicable from time to time. The terms and condition contained herein shall be read along with the instruction, guidelines. policies etc, and amendments thereof as presently applicable to you and as may be amended from time to time and as may be made applicable to you by the company subsequently during the course of your employment. In Jan 2017 Company has revised the policy and notice period has increased from 60 days to 90 days. Now HR is forcing me to serve notice period of 90 days because policy has changed,
Dear client,
Please note that typically appointment letter is follow by employment agreement. It must be containing the termination clause as well. Hence, without your consent your employment terms cannot be changed. Any change in policy is not retrospective with respect to previous appointments. Hence, you may deny HR to serve for 90 days period. If you accept expressly 90 days’ notice then you don't have any other option except serving for the said period.
Hope this clarifies your query.
Best regards,
Disclaimer: As to matters of law, I limit my response to the laws of India and the laws/rules/regulations of the state under whose jurisdiction the subject matters falls. Further, my response is limited to the facts presented by the client and laws in existence on the date of this response and at no subsequent time. This response is delivered to you in connection with the query raised/posted, and may not be utilized or quoted by you for any other purpose or relied upon by any other person or entity without prior consent. Further, this response does not create any attorney client relationship.
Please note that typically appointment letter is follow by employment agreement. It must be containing the termination clause as well. Hence, without your consent your employment terms cannot be changed. Any change in policy is not retrospective with respect to previous appointments. Hence, you may deny HR to serve for 90 days period. If you accept expressly 90 days’ notice then you don't have any other option except serving for the said period.
Hope this clarifies your query.
Best regards,
Disclaimer: As to matters of law, I limit my response to the laws of India and the laws/rules/regulations of the state under whose jurisdiction the subject matters falls. Further, my response is limited to the facts presented by the client and laws in existence on the date of this response and at no subsequent time. This response is delivered to you in connection with the query raised/posted, and may not be utilized or quoted by you for any other purpose or relied upon by any other person or entity without prior consent. Further, this response does not create any attorney client relationship.
What are liable to serve the notice period like any employee and you are bound by that as per the revised policy . Is there any option to buy the notice period see that. If you would have served your resignation before revising of policy then you would have questioned that now you have to obey it or your wish
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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